This policy applies to all university students, all university personnel (including faculty, administrative and staff employees, volunteers, and representatives), and all visitors to the university (including, but not limited to, independent contractors, vendors, visiting lecturers, and visiting students).

This policy applies to all university students, all university personnel (including faculty, administrative and staff employees, volunteers, and representatives), and all visitors to the university (including, but not limited to, independent contractors, vendors, visiting lecturers, and visiting students).

Brigham Young University is committed to promoting and maintaining a safe and respectful environment for the campus community. The university will not tolerate sexual harassment, sexual violence, domestic violence, dating violence, or stalking (collectively “Sexual Misconduct”) regardless of the sex or marital status of the parties involved. This policy prohibits Sexual Misconduct perpetrated by or against university employees (including all faculty, staff, administrative employees, and student employees), university students, visitors to the university (such as independent contractors, vendors, visiting lecturers, camp participants, and visiting students), and other participants in university programs and activities on campus and in off-campus areas controlled by the university.

This policy establishes a process whereby an individual who believes he or she has been subjected to Sexual Misconduct (“Complainant”) may report to the university. The university will take prompt and appropriate steps to stop Sexual Misconduct, prevent its recurrence, and address its effects by

educating members of the campus community about this policy and applicable laws;

promptly addressing and resolving reports of Sexual Misconduct in accordance with this policy;

protecting the rights of all parties involved in a complaint;

providing support and assistance to the parties involved in a report of Sexual Misconduct; and

imposing appropriate discipline against those who have engaged in Sexual Misconduct.

Any person who violates this policy may be subject to discipline up to and including termination of employment, suspension, dismissal, and a ban from campus, depending on the circumstances and the severity of the violation and the violator’s status as an employee, student, or visitor.

As required by Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights Act of 1964, the university prohibits unlawful sex discrimination (including Sexual Misconduct) in its educational programs or activities, admission, and employment. (See Nondiscrimination and Equal Opportunity Policy.)

Sexual Misconduct includes a range of unwelcome and unwanted sexual conduct, including verbal and physical sexual harassment, sexual assault, and other forms of sexual violence, each of which is a form of prohibited sex discrimination. Domestic violence, dating violence, and stalking are also considered Sexual Misconduct under this policy. This policy does not address other kinds of sex discrimination of a non-sexual or non-criminal nature prohibited under the Nondiscrimination and Equal Opportunity Policy or consensual sexual activity prohibited under the Church Educational System Honor Code.

A. CONSENT

Consent is a voluntary agreement to engage in sexual activity and is determined by all the relevant facts and circumstances. Consent cannot be given by someone who lacks capacity to consent (e.g., because of age, disability, unconsciousness, or use of drugs or alcohol). Consent is invalid where it is given under coercion, force, or threats. Consent should not simply be assumed from silence, the absence of resistance, or past consent with the same or another person. Even if a person has given his or her consent to engage in sexual activity, consent to engage in further sexual activity can be withdrawn at any time.

B. SEXUAL HARASSMENT

Sexual harassment is unwelcome and unwanted conduct of a sexual nature, whether verbal, nonverbal, or physical, and can include unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature. Conduct is unwelcome and unwanted if the individual toward whom it is directed did not request or invite it and regarded the conduct as undesirable or offensive. A wide variety of sexual conduct may constitute sexual harassment, including, but not limited to, the following:

Sexual harassment of any kind is contrary to the teachings of The Church of Jesus Christ of Latter-day Saints and the Church Educational System Honor Code. It is also prohibited by Title VII of the Civil Rights Act of 1964 (prohibiting unlawful discrimination, including sex discrimination, in employment) when it affects the conditions of employment, and Title IX of the Educational Amendments of 1972 (prohibiting sex discrimination in federally-funded education programs and activities) when it affects the educational environment. Sexual harassment generally falls within one of the two following categories:

Quid pro quo sexual harassment—when submission to or rejection of the unwelcome sexual conduct is used as a basis for employment decisions affecting an employee, or when a teacher or other employee conditions an educational decision or benefit on a student’s submission to unwelcome sexual conduct.

Hostile environment sexual harassment—when the unwelcome and unwanted sexual conduct is so severe or pervasive that it alters the conditions of an employee’s employment and creates a hostile, intimidating, or abusive working or educational environment or it denies or limits a student’s or employee’s ability to participate in or benefit from the university’s programs or activities.

To avoid the possibility or appearance of quid pro quo sexual harassment, employees and students should avoid dating, romantic, or amorous relationships where a power differential exists. Examples of such relationships include, but are not limited to, a professor or teaching assistant involved in a relationship with his or her student, or a supervisor involved in a relationship with a subordinate employee. If such a relationship exists and both parties want to continue the relationship, the supervisor(s) of both parties must be informed of the relationship, must document the disclosure of the relationship, and must confirm with each of the parties independently that the relationship is voluntary and not unwelcome to either party. However, as a general rule, dating, romantic, or amorous relationships should not be entered into or continued while one individual in the relationship has the power to either reward or penalize the other in work or in school.

Sexual harassment that creates a hostile environment is more common than quid pro quo harassment, but it is more difficult to define. In order for harassment to create a hostile environment, the unwelcome sexual conduct must be sufficiently severe or pervasive to alter the conditions of employment or education, both subjectively (as considered by the employee or student who experiences the conduct) and objectively (as considered by a reasonable person in the same or similar circumstances).

The fact that someone did not intend to sexually harass an individual is not a defense to a complaint of sexual harassment. In most cases, determining whether the behavior has created a hostile environment depends on the effect the behavior has on the Complainant (such as the effect on an employee’s job performance or a student’s education) and the surrounding circumstances (such as the type, frequency, severity, and duration of the conduct; the relationship between the parties; and the location and context of the incidents). Unwelcome sexual conduct that is mildly offensive and isolated, incidental, or sporadic does not rise to the level of unlawful sexual harassment under Title IX or Title VII, even though it may still be considered sexual harassment in violation of this policy and the Church Educational System Honor Code.

C. SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING

Sexual violence is a form of sexual harassment and refers to physical sexual acts perpetrated against a person who has not consented or who is incapable of giving consent.

Examples of sexual violence include, but are not limited to, rape, sexual assault, sexual battery, sexual abuse, and sexual exploitation. Such acts of sexual violence, in addition to being criminal offenses prohibited under the Utah Criminal Code, constitute Sexual Misconduct prohibited under this policy and the Church Educational System Honor Code. A single act of sexual violence may be sufficiently severe to create a hostile environment.

Domestic violence, dating violence, and stalking are likewise criminal offenses under the Utah Criminal Code and constitute Sexual Misconduct prohibited under this policy, even when the criminal behavior is not specifically sexual in nature.

Domestic violence is a violent crime committed by a current or former spouse, intimate partner (or someone similarly situated), or any other person against a victim who is protected from that person’s acts under state domestic or family violence laws. Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or to suffer substantial emotional distress. This policy prohibits stalking that occurs both in-person or electronically.

Brigham Young University exists to provide an educational environment consistent with the ideals and principles of the restored gospel of Jesus Christ. The Church Educational System Honor Code and its observance by the campus community are essential components of BYU’s mission. The university will not tolerate Sexual Misconduct (defined in this policy as sexual harassment, sexual violence, domestic violence, dating violence, and stalking). Anyone found to have committed Sexual Misconduct as defined in this policy is not entitled to confidentiality or amnesty.

Being a victim of Sexual Misconduct is never a violation of the Church Educational System Honor Code. The university strongly encourages the reporting of all incidents of Sexual Misconduct so that support services can be offered to victims (see Section III.D) and Sexual Misconduct can be prevented and stopped.

Confidentiality. The university recognizes that victims or witnesses of Sexual Misconduct might be hesitant to report an incident to university officials if they fear the discovery of honor code violations, such as alcohol use, drug use, or consensual sexual activity outside of marriage. To help address this concern and to encourage the reporting of Sexual Misconduct, the Title IX Office will not share the identity of a victim or witness with the Honor Code Office unless requested by such person or a person’s health or safety is at risk.

Amnesty. Anyone, including a victim, who reports an incident of Sexual Misconduct will not be disciplined by the university for any related honor code violation occurring at or near the time of the reported Sexual Misconduct unless a person’s health or safety is at risk. However, with victims or witnesses who have violated the honor code, the university may offer and encourage support, counseling, or education efforts to help students and benefit the campus community.

Leniency. To encourage the reporting of Sexual Misconduct, the university will also offer leniency to victims and witnesses for other honor code violations that are not related to the incident but which may be discovered as a result of the investigatory process. Such violations will generally be handled so that the student can remain in school while appropriately addressing these concerns.

In applying these principles, the university may consider any applicable facts and circumstances of each case, including the rights, responsibilities, and needs of each of the involved individuals.

B. DUTY TO REPORT

Most university employees have a duty under this policy to report Sexual Misconduct, and everyone is encouraged to voluntarily report incidents of Sexual Misconduct to the Title IX Coordinator. State law imposes additional reporting obligations related to the abuse of a child, including sexual abuse. Victims of Sexual Misconduct are strongly encouraged to report incidents of Sexual Misconduct so that support services can be offered to them (see Section III.D) and Sexual Misconduct can be prevented and stopped.

1. Responsible Employees

A dean, director, department chair, professor, coach, or any other university employee in a teaching, managerial, or supervisory role (“Responsible Employee”) who, while in that role, becomes aware of or reasonably suspects any incidents of Sexual Misconduct must promptly report all relevant information to the Title IX Coordinator. A Responsible Employee who receives a report of Sexual Misconduct should inform the reporting individual that the employee must report the incident, and the employee should then promptly make the report to the Title IX Coordinator. Responsible Employees with information regarding an incident of Sexual Misconduct who fail to report relevant information or to cooperate in an investigation may be subject to disciplinary action.

Responsible Employees who receive the information as part of a confidential communication in the context of a professional or otherwise privileged relationship (e.g., the Responsible Employee was the reporting person’s physician, therapist, lawyer, ecclesiastical leader, or spouse) do not have a reporting obligation. Note that this exception to mandatory reporting for these privileged communications is different from the confidentiality given to university-designated confidential sources of support, described below.

2. Timing

Reports of Sexual Misconduct should be made to the Title IX Coordinator as soon as possible. If Sexual Misconduct occurred more than four years before the report is made, the university may decline to investigate the report. However, counseling, advocacy, and support are available to Complainants regardless of when they make a report. (See Section III.D below.)

3. Confidential Sources of Support

Many victims of Sexual Misconduct experience stress and may find it helpful to talk in a supportive, confidential context. The university provides confidential on-campus resources where someone may discuss the situation even if he or she is not sure about reporting the incident to the Title IX Coordinator or law enforcement. The following resources are designated as confidential sources of support at BYU:

Unless a Complainant affirmatively requests the university take action in response to a report to one of these confidential sources, discussions with a confidential source are not considered a report to the university or a request that any action be taken by the university in response to any allegation. Confidential sources may provide advice, support, and guidance about how to manage the situation as well as information about reporting options.

Confidential sources are required to submit non-identifying, statistical information about reports of Sexual Misconduct to the Title IX Office for the purpose of maintaining records required by the Clery Act. Confidential sources must also make reports required by law, such as when they became aware of facts involving child abuse.

4. University Police

A Complainant or witness of Sexual Misconduct may talk to University Police regarding criminal or other implications of Sexual Misconduct. University Police are Responsible Employees under this policy. When they become aware of or reasonably suspect any incidents of Sexual Misconduct, they are required to promptly report all relevant information to the Title IX Coordinator. University Police may be required to disclose additional information related to the report in cases of a threat to campus safety or a legally imposed duty to share the information with other law enforcement agencies, campus officials, or others.

5. Child Abuse Reporters

Any person who has reason to believe that a child (anyone under eighteen years old) has been subjected to sexual violence or other forms of abuse or neglect, or who observes a child being subjected to conditions or circumstances which would reasonably result in such abuse or neglect, must report the situation to the nearest peace officer, law enforcement agency, or applicable office of the state Division of Child and Family Services, as required by state law and the university’s Child Protection Policy.

6. Campus Security Authorities

A university employee who has been designated as a Campus Security Authority (“CSA”) and who receives a report of sexual assault, dating violence, domestic violence, or stalking occurring on the university campus or any property controlled by the university must inform University Police of that report so the university may issue timely warnings about crimes that pose a threat to students and employees (see Campus Security Timely Warning Notice Policy) and so the incident can be accounted for in the university’s annual security report, as required by federal law. CSAs are persons who have responsibility for campus security or who have significant responsibility for student and campus activities. CSAs include, but are not limited to, security staff, vice presidents, athletic directors, coaches, deans, directors, managers, Honor Code Office staff, and Residence Life hall advisors. A complete list of the BYU employees designated as CSAs can be found in the university’s annual security report.

7. Public Awareness Events

Public awareness events or other forums in which campus community members may disclose incidents of Sexual Misconduct do not initiate the university’s Title IX response, including investigating reports of sexual harassment or sexual violence. These events may, however, inform the need for campus-wide educational and prevention efforts, and the university may implement campus initiatives in response to such these events, as appropriate.

C. WHERE TO REPORT

A report of Sexual Misconduct (“Report”) should be directed to the Title IX Coordinator, 801-422-8692, 1085 Wilkinson Student Center, t9coordinator@byu.edu. The Title IX Coordinator oversees all Title IX complaints and investigations and coordinates the university’s response to sex discrimination and Sexual Misconduct. The names, telephone numbers, and office addresses of the Title IX Coordinator and the deputy Title IX coordinators are also posted on the university’s Title IX website at titleix.byu.edu/contact-us. In addition, individuals may submit Reports, including anonymous Reports, through EthicsPoint, the university’s 24-hour hotline provider, by telephone at 888-238-1062, or by submitting information online at https://secure.ethicspoint.com/domain/en/default_reporter.asp. Responsible Employees may not make anonymous Reports. A Report can be made verbally or in writing.

If a Report involves potentially criminal acts (e.g., rape, domestic violence, dating violence, sexual assault, or stalking), the Complainant should be informed in writing that he or she also has the option to make a formal criminal complaint by reporting the incident to University Police at 801-422-2222 or local police by calling 9-1-1. Complainants also have the option to decline notifying law enforcement authorities or to be assisted by Responsible Employees in notifying them.

Inquiries concerning Title IX and unlawful sex discrimination may be referred to the university’s Title IX Coordinator or the equal opportunity manager. The Office for Civil Rights within the U.S. Department of Education (“OCR”) also investigates claims of unlawful sex discrimination, including sexual harassment and sexual violence, in the university’s educational programs and activities. The OCR may be contacted by email at ocr@ed.gov or through its website at http://www2.ed.gov/about/offices/list/ocr/index.html. In addition, the U.S. Equal Employment Opportunity Commission (“EEOC”) investigates claims of unlawful employment discrimination, including sexual harassment and sexual violence, in the workplace. The EEOC may be contacted by telephone at 800-669-4000 or through its website at http://eeoc.gov/.

D. OTHER PROCEDURES AND SERVICES FOR VICTIMS

A student or employee who reports to the university that he or she has been a victim of dating violence, domestic violence, sexual assault, or stalking—even if the offense occurred off campus—will be provided with a written explanation of victims’ rights and options that includes the following information:

Procedures victims should follow, including information about preserving evidence, reporting the offense, and obtaining protective orders

Information about how confidentiality will be protected

Existing counseling, health, mental health, sexual assault survivor advocacy, legal assistance, student financial aid, and other services available for victims, both within the university and in the community

Options and available assistance for requesting changes to academic, living, transportation, and working situations or protective measures

Possible sanctions or protective measures the university may impose following a final determination of an institutional disciplinary procedure

Victims of Sexual Misconduct should preserve evidence as necessary to substantiate the crime or secure a protective order through the court system. They may choose to seek medical treatment in order to preserve evidence, treat injuries, or prevent sexually transmitted diseases. It is also possible to seek health care services, obtain a rape kit, or find a sexual assault nurse examiner (“SANE”) through law enforcement, local hospitals, or the university’s on-campus Student Health Center.

Counseling, advocacy, and support are available to victims whether or not they choose to make an official Report. Victims can make confidential disclosures to and receive support from the following resources:

Additional resources are available to provide ongoing support during any university disciplinary or criminal process.

The university provides written notification to students and employees about existing counseling, health, mental health, sexual assault survivor advocacy, legal assistance, student financial aid, and other services available, both within the institution and in the community, on the university’s Title IX website at https://titleix.byu.edu.

E. COMPLAINT AND ACTIVITY LOG

The university’s Title IX Coordinator maintains a confidential log of Title IX complaints and activity. To the extent that other campus departments or Responsible Employees receive complaints of Sexual Misconduct, are involved with complaint investigations, or conduct any part of the resolution proceedings, they should promptly report this activity to the Title IX Coordinator.

F. RETALIATION

Retaliation against an individual who has made a Report or provided information in connection with an investigation of Sexual Misconduct is strictly prohibited. Retaliation is any adverse action taken against an individual because he or she made a Report; testified, assisted, or participated in any manner in an investigation or proceeding under Title IX; or opposed any conduct prohibited by this Sexual Misconduct Policy. Retaliation can include intimidation, which is any adverse action or threat of action reasonably likely to prevent or dissuade an individual from making a Report or providing information in connection with a Sexual Misconduct investigation. Individuals who participate in a Sexual Misconduct investigation should be advised that university policy and federal law prohibit retaliation against them and should be assured that the university will take steps to prevent retaliation and will address any act of retaliation of which it becomes aware. (See also Nondiscrimination and Equal Opportunity Policy.) An individual who feels that he or she has been subjected to retaliation for reporting Sexual Misconduct or participating in a Sexual Misconduct investigation should report the incident to the Title IX Coordinator, who will address the report in accordance with the investigation and disciplinary process set forth below.

The following procedures are designed to provide for the prompt and equitable investigation and resolution of allegations of Sexual Misconduct perpetrated by or against university employees, students, or campus visitors. Additionally, these procedures will be conducted by officials who do not have a conflict of interest or bias for or against the parties and who receive annual training on the issues related to sexual harassment, domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation that protects the safety of the parties involved and promotes accountability.

A. INFORMAL RESOLUTION

Whenever it is reasonably possible and safe to do so, and all parties voluntarily agree, a Complainant and the person alleged to be responsible for the misconduct (“Respondent”) may attempt to resolve the issue privately. After a Title IX complaint has been opened for investigation, informal resolution may occur only after all parties have received a full disclosure of the allegations and their options for formal resolution. The goal of informal resolution is to conclude the matter to the satisfaction of both parties quickly and confidentially. Either party may enlist the assistance of the Title IX Coordinator or a deputy Title IX coordinator in this effort. If satisfactory resolution is not reached after such informal efforts, the Complainant or Respondent may forgo the informal resolution process or discontinue it at any time and address the concern using the formal resolution process described below. Additionally, if the Title IX Coordinator believes informal resolution is not appropriate or is potentially unsafe, he or she may require formal resolution.

B. FORMAL RESOLUTION

A formal resolution process may be initiated by submitting a Report to the Title IX Coordinator. Anyone can submit a Report under this policy; however, the submission of such a Report does not prevent the Complainant from subsequently pursuing informal resolution with the Respondent in appropriate circumstances.

1. Preliminary Assessment

Upon receiving a Report, the Title IX Coordinator will promptly perform a preliminary assessment based on the allegations to determine whether the Report reasonably alleges violations of the Sexual Misconduct Policy. If the Report contains allegations for which the Title IX Office has authority, the Title IX Coordinator will seek the Complainant’s consent to conduct an investigation. Note that if the Complainant asks the university not to pursue an investigation, the university may not be able to honor this request if doing so would prevent the university from meeting its obligations and responsibilities as indicated throughout this policy. If the Report does not contain allegations of Sexual Misconduct for which the Title IX Office has authority, the Title IX Coordinator will inform the Complainant that no investigation of the Report will be conducted.

2. Selection of the Investigator

If a preliminary assessment warrants an investigation, the Title IX Coordinator will select a qualified employee to promptly investigate the allegations in the Report (“Investigator”). Generally, a deputy Title IX coordinator will serve as the Investigator. The Title IX Coordinator will consider conflicts of interest, time constraints, and other relevant factors in selecting an Investigator.

The Complainant and the Respondent may each raise issues regarding bias or a potential conflict of interest of Investigators or others involved in the resolution process by contacting the Title IX Coordinator.

3. Confidentiality

Given the sensitive nature of Sexual Misconduct allegations and the potential for damage to the parties’ personal reputations, all Reports will be investigated as confidentially as is reasonably possible. All participants in the investigation—including the Complainant, the Respondent, the Investigator, and individuals interviewed by the Investigator—should keep the allegations and proceedings confidential and should provide information only to those university and governmental employees who are authorized to investigate the Report or who otherwise have a legitimate need to know. Records kept by the university relating to Sexual Misconduct allegations are not publicly available, but in the event that the university is required to make any records publicly available, any identifying information about the parties will be redacted, to the extent permissible by law, to protect the parties’ confidentiality. Federal law requires the university to publicly disclose statistics about reported incidents of sexual assault, domestic violence, dating violence, and stalking; however, no individual information is maintained or published for purposes of federal reporting.

Notwithstanding the foregoing confidentiality provisions, Complainants and any witnesses who participate in an investigation of Sexual Misconduct should be advised that their confidentiality will be preserved only to the extent it does not interfere with the university’s ability to investigate the Report and take corrective action, and that if the investigation results in court action the university may be legally required to disclose any information it has received.

If a Complainant requests that his or her identity be kept confidential or asks the university not to pursue an investigation, the Complainant should be notified that (a) the university’s ability to investigate and respond to the Report may be limited by such a request, and (b) under some circumstances the university may not be able to honor such a request. The university will take all reasonable steps to investigate and respond to a Report consistent with the Complainant’s request for confidentiality. However, without conducting a full investigation or disclosing the full nature of the Report (including its source) to the Respondent, the university may be unable to impose any discipline, and its corrective actions might be limited to informing the Respondent that allegations of discriminatory behavior have been made against him or her, preserving a record of the discrimination allegation in the Respondent’s employment or student disciplinary file, and pursuing other steps to limit the effects of the alleged Sexual Misconduct and prevent its recurrence, such as training or surveys in the affected area or department. Complainants who desire complete confidentiality may be advised that they can address their confidential concerns to mental or physical health providers, ecclesiastical leaders, or their own legal counsel, or to other confidential sources of support as described in Section III.B.3.

The Complainant should also be advised that the university may not be able to honor a request for confidentiality or to forgo an investigation if that request would prevent the university from meeting its responsibility to provide students and employees with an environment free from Sexual Misconduct and its corresponding obligations to provide a thorough and impartial investigation and a prompt and equitable resolution of the Report. The Investigator, in consultation with the Title IX Coordinator, is responsible for evaluating requests for confidentiality or to forgo an investigation.

The Investigator will consider the following factors in determining whether to disclose the identity of a Complainant or pursue an investigation contrary to the Complainant’s request:

The seriousness of the alleged Sexual Misconduct

The age or maturity of the Complainant

The existence of any previous accusations against the alleged violator

If the Investigator determines he or she cannot honor a Complainant’s request for confidentiality or a Complainant’s request to forgo an investigation, the Investigator will inform the Complainant prior to commencing or continuing with an investigation.

4. Interim Measures

Based on information acquired in the course of a preliminary assessment or investigation, the Title IX Coordinator or Investigator may recommend that interim measures be offered to the Complainant, Respondent, or others before or during the investigation. This recommendation should be submitted to an office or individual within the university administration authorized to implement the recommendation.

If requested and reasonably available, interim measures will be provided whether or not a Complainant chooses to report to University Police or local law enforcement. The university will provide written notification to the parties about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations and other protective measures. Other remedial interim measures may also be appropriate, such as special training in the affected department or area, or the dissemination of information about how to report Sexual Misconduct. The nature of any interim measures granted to a party will be kept confidential to the extent reasonably possible.

In situations deemed to be extreme or dangerous, an office or individual within the university administration authorized to impose discipline on the Respondent may take interim disciplinary action against the Respondent, up to and including a temporary suspension and ban from campus; in such cases, both parties will receive simultaneous written notification.

5. Delivery of Documents and Extensions of Time

Delivery occurs when the university provides documents to a party in person or by email. If neither option is available, the university will mail documents to the residential address of the party that is on file with the university. If delivery is by mail, the deadline for a response or reply permitted in this policy is extended by three business days.

A party may ask the Title IX Office for an extension of any deadline imposed by this policy. The Title IX Office will grant the extension only when the request is reasonable under the circumstances.

6. The Complainant’s Written Complaint, Supporting Documentation, and Evidence

If a Complainant has not already submitted a sufficient written statement in connection with the initial Report, the Investigator will invite the Complainant to prepare and sign a written statement of the facts involved (“Complaint”). The Complaint should clearly and concisely describe the incident(s), including when and where the alleged Sexual Misconduct occurred. The Complaint may also include an explanation of why the Complainant believes the Respondent’s behavior was unlawful or in violation of university policy, corroborating facts and evidence, the names of other individuals who may have information relevant to the Complaint, other materials or evidence in support of the Complaint, and a proposal for an appropriate resolution. The Complaint may not exceed ten pages in length, exclusive of attached documents and supporting materials, and must be submitted within five business days of the Investigator’s request. Based on the Complainant’s written and oral statements, the Investigator will prepare a written summary of the allegations (“Allegation Sheet”).

The Investigator will ask the Complainant to review the Allegation Sheet, make any necessary corrections, and affirm it with a signature. If the Complainant refuses to sign the Allegation Sheet, the Investigator may either (a) note that the allegations have been withdrawn and terminate the investigation, or (b) note that the Complainant has refused to sign the Allegation Sheet, but that the investigation will nevertheless proceed to determine what occurred.

The Investigator will provide Complainants with a description of their rights and responsibilities under this policy, including a statement of the sanctions that may be imposed against Respondents.

7. The Respondent’s Written Response, Supporting Documentation, and Evidence

The Title IX Office will make a reasonable effort to provide a Respondent with a copy of the Allegation Sheet in person. The Investigator will not interview or take any evidence from the Respondent at this time. The Title IX Office will provide Respondents with a description of their rights and responsibilities under this policy, including a statement of the sanctions which may be imposed against them. The Title IX Office will also provide the Respondent with a list of available university resources, including the contact information for the confidential advisor to Respondents (801-422-2723, 2500 Wilkinson Student Center). If the Title IX Office is unable to meet in person with the Respondent, this information and a copy of the Allegation Sheet will be delivered to the Respondent as set forth in Section IV.B.5 above. In either event, a copy of the Allegation Sheet will be provided to the Respondent fourteen calendar days before the Respondent’s response is due.

The Respondent may prepare and submit a signed written statement in response to the Allegation Sheet (“Response”). The Response should indicate whether the Respondent admits or denies the allegations in the Allegation Sheet and should provide any exculpatory facts or evidence, including the names of other individuals who may have information relevant to the allegations and other materials in response to the Allegation Sheet. The Response may also include an explanation of why the Respondent believes any admitted conduct was lawful or was not in violation of university policy. The Response may not exceed ten pages in length, exclusive of attached documents and supporting materials, and must be submitted within fourteen calendar days of delivery of the Allegation Sheet to the Respondent.

Like the Complainant, the Respondent may choose to answer the Allegation Sheet orally rather than in writing. At the Respondent’s request, and no later than fourteen calendar days after the Allegation Sheet’s delivery, the Investigator will meet with the Respondent so that the Investigator can document the Respondent’s answer. The Investigator will ask the Respondent to review the Investigator’s written record of the Respondent’s oral answer, make any necessary corrections, and affirm it with a signature. The Investigator’s written answer then becomes the Response.

The Title IX office will promptly provide a copy of the Response to the Complainant.

8. Concurrent Investigations or Processes

An investigation conducted under this policy will be conducted independent of any associated criminal investigation or any other university investigation or procedures. If the university determines the issues raised in this investigation may be relevant to its determination in another non-criminal investigation or another process that is simultaneously pending at the university, it may direct that the other investigation or process be suspended until this investigation and any appeals or administrative reviews are concluded.

An investigation under this policy will not be suspended pending the conclusion of a criminal investigation or any other investigation. However, the fact-finding portion of the investigation may be delayed temporarily to comply with a law enforcement request for cooperation (e.g., to allow for criminal evidence collection) when the criminal charges are based on the same allegations that are being investigated under this policy.

Although the findings and conclusions of one investigation will not determine the outcome of any other, any evidence or findings developed in any university or non-university investigation may be shared with and considered in any other university investigation.

9. Cooperation with University Investigations

Employees or students who fail to cooperate in an investigation, including those who misrepresent any facts or who withhold pertinent information, may be subject to disciplinary action up to and including suspension or dismissal from the university or termination of university employment. A visitor who fails to cooperate may be banned from campus. It is not a failure to cooperate for a Complainant to ask for confidentiality or request that the Title IX Office not investigate a Report.

Any witness who declines to participate in an investigation may not be permitted to offer evidence or testimony later in the process, and failure to offer evidence during the investigative process does not constitute grounds for a review/appeal on the basis of new evidence. The university prefers to interview witnesses in person. However, if a witness cannot appear in person for an interview, the investigator may, in his or her discretion, interview a witness telephonically or allow a witness to provide a written statement.

BYU will not tolerate intentional false reporting of incidents of Sexual Misconduct. It is a violation of the Church Educational System Honor Code and this policy to make an intentionally false report. If the Title IX Office discovers that the Complainant made a knowingly false report, the Title IX Office will impose discipline in accordance with the disciplinary process set forth below.

10. Support Person

Each individual participating in the formal investigation process may be accompanied during investigation interviews by a support person. The support person may be a friend, mentor, family member, attorney, or any other person selected by the individual to provide support. The support person cannot be someone who may be otherwise involved in the investigation. The university will not typically change scheduled meetings to accommodate a support person’s inability to attend. Individuals may elect to change their support person during the investigative process and are not required to use the same support person throughout the process.

A support person may attend for purposes of observation but will not be permitted to participate in any employee or student interview, meeting, or other proceeding that may take place under these procedures. All support persons are subject to campus rules and are expected to refrain from interference with the university investigation and resolution. Any support person, including an attorney, may be immediately excluded from the proceedings if he or she attempts to intervene or participate in any way. If a support person is excluded from a proceeding, the meeting will typically continue without the support person present. Subsequently, the Title IX Coordinator or Investigator will determine whether this particular support person may continue to be involved, whether another support person may attend, or whether the individual has forfeited the right to a support person for the remainder of the process.

Support persons are expected to maintain the privacy of information shared with them during the proceedings, and the university may seek appropriate action against a support person who does not respect the sensitive nature of the process or who fails to abide by the university’s privacy expectations.

The university cannot guarantee equal advisory rights when it comes to support persons (e.g., if one party selects a support person who is an attorney, but the other party does not have or cannot afford an attorney, the university is not obligated to provide one).

11. Investigation

An investigation should be prompt and equitable. The university will, in good faith, attempt to conclude the investigation and resolution within sixty calendar days of the Title IX Coordinator receiving a Report. If, as a result of the complexity of a case, unavailability of witnesses, or other extenuating facts and circumstances, the investigation cannot reasonably be concluded within the sixty-day period, the Complainant and the Respondent will be provided with written notice of the delay and the reason for the delay.

During the investigation, the Investigator will consider the Complaint and the Response, conduct interviews, and review any other documents or evidence submitted by the parties or discovered during the investigation. An investigation under these procedures is an internal university employment or student disciplinary matter.

At any time during the investigation, either of the parties or the Investigator may propose a resolution of the matter. If both the Complainant and the Respondent are satisfied with this proposed resolution, and if the Investigator and the Title IX Coordinator are also satisfied that the university’s interests are protected, the matter may be resolved as proposed.

12. Investigation Finding(s)

No later than seven calendar days prior to the conclusion of an investigation, the Investigator will inform the parties that the investigation is concluding and ask them to submit any final information not already included in the investigation. The parties will then have three business days to submit additional information.

At the conclusion of the investigation, the Investigator will make findings as to the allegations in the Allegation Sheet and will determine, based on the preponderance of the evidence (i.e., whether it is more likely than not), whether the Respondent has engaged in Sexual Misconduct. The Investigator will provide a written report of the findings of the investigation (“Investigatory Report”) to the Title IX Coordinator for review. The Investigatory Report will not contain any proposed sanctions. Sanctions will be considered separately, as set forth in Section IV.B.13 below.

The Title IX Coordinator will promptly and simultaneously send a copy of the Investigatory Report to the Complainant and the Respondent to their email and residential addresses on file with the university. The Investigatory Report will include a notice of appeal rights and procedures.

13. Appeal of Investigation Finding(s)

Either party may appeal the findings in an Investigatory Report (“Factual Findings Appeal”). If no appeal is filed within the time outlined below, the Investigatory Report becomes final, and its findings and conclusions may not be appealed by either party. However, the Respondent will have the opportunity to appeal the imposition of sanctions, if any, as set forth in Section IV.B.14 below. Either party may ask the Title IX Office to see a copy of all material evidence relied on by the Investigator in reaching his or her conclusions.

The Factual Findings Appeal should

be made within ten business days of delivery of the Investigatory Report;

be in writing, limited to five pages;

identify which of the grounds, listed below, is the basis for the appeal; and

be sent to the Title IX Coordinator.

The Title IX Coordinator will send a copy of the Factual Findings Appeal to the other party, and the non-appealing party may file an opposition to the Factual Findings Appeal (“Opposition”). The Opposition should

be made within ten business days of delivery of the Factual Findings Appeal;

be in writing, limited to five pages;

identify the grounds on which the Factual Findings Appeal should be denied; and

be sent to the Title IX office.

The Title IX Coordinator will send a copy of the Opposition to the other party, and neither party is permitted to file any additional arguments or evidence.

A Factual Findings Appeal is not a re-investigation of the case. The party requesting the Factual Findings Appeal must identify at least one of the following grounds as the basis for the Factual Findings Appeal:

A procedural error significantly impacted the outcome of the investigation (e.g., a substantiated bias or a material deviation from these procedures).

New evidence, unavailable to the party during the original investigation, has been discovered that could substantially impact the original outcome. This new evidence and an explanation of both why it was unavailable during the investigation and its potential impact must be included in the Factual Findings Appeal.

The investigator’s findings contain a misstatement of material fact (e.g., a fact that could change the outcome).

Disagreement with the Investigatory Report’s findings or conclusions is not, by itself, a ground for appeal.

The Title IX Coordinator will select a deputy Title IX coordinator not involved in the investigation and who does not have a conflict of interest to conduct the Factual Findings Appeal (“Reviewer”) and will promptly send a copy of the following documents to the Reviewer:

Factual Findings Appeal and Opposition

Investigation file

Investigatory Report

In any Factual Findings Appeal, the Reviewer may consult with the Investigator or the Title IX Coordinator prior to issuing a decision on the Factual Findings Appeal unless the appeal is based on allegations that the investigator was biased. However, the Reviewer may not interview the parties or consider any evidence beyond the evidence submitted in the investigation or as grounds for the Factual Findings Appeal.

In a Factual Findings Appeal of an Investigatory Report, the Reviewer will presume that the outcome of the investigation was reasonable and appropriate, and the party filing the Factual Findings Appeal bears the burden of establishing that the outcome was reached in clear error. In other words, the Reviewer must be presented with information that the findings in the Investigatory Report were unquestionably erroneous. The Reviewer can affirm the decision reached in the Investigatory Report, overturn the decision, or remand the matter back to the Title IX Office for further investigation.

The Reviewer will issue a written decision on the Factual Findings Appeal (“Decision on Factual Findings Appeal”) within thirty calendar days of receiving the parties’ submissions. The Reviewer will send the Decision on Factual Findings Appeal to the Title IX Coordinator, who will send it to the parties promptly and simultaneously. The Decision on the Factual Findings Appeal is not subject to further review. However, the Respondent may appeal disciplinary sanctions, as discussed below.

14. Resolution and Disciplinary Sanctions

Student Respondents

If a final Investigatory Report or Decision on Factual Findings Appeal determines that a student Respondent has violated the Sexual Misconduct Policy, the Title IX Coordinator will provide a copy of the Allegation Sheet, Response, Investigatory Report, Decision on Factual Findings Appeal (if any), and other relevant evidence contained in the file to the university’s Honor Code Office. However, the name of the Complainant and witnesses must first be redacted from the materials in compliance with the confidentiality policy set forth in Section III.A above. The case will be assigned to an Honor Code Office counselor who will prepare a pre-sanctioning report. In preparing the pre-sanctioning report, the counselor may meet with the Respondent and may communicate with the Respondent’s ecclesiastical leader upon receipt of the Respondent’s signed written waiver. The counselor will also consider any prior honor code violations that the university or other Church Educational System institution has found Respondent to have committed. The pre-sanctioning report will contain information to assist the disciplinary committee (“Disciplinary Committee”), convened by the Title IX Coordinator as described below, in making its decision. The counselor will prepare the pre-sanctioning report within two weeks of receiving the case from the Title IX Coordinator.

All Respondents

If a final Investigatory Report or Decision on Factual Finding Appeal determines that a Respondent has violated the Sexual Misconduct Policy, the Title IX Coordinator will convene the Disciplinary Committee within twenty-one calendar days, or as soon as is reasonably possible. The Disciplinary Committee will determine, by majority vote, the appropriate resolution of the Sexual Misconduct, including the imposition of any disciplinary sanctions as provided in the applicable disciplinary policy; however, if there is a conflict between this policy and another university disciplinary policy, this policy governs.

The Title IX Coordinator will notify the Complainant and the Respondent of the date on which the Disciplinary Committee will meet. Neither party may attend the Disciplinary Committee meeting. However, the Complainant may submit a statement (not to exceed two pages) describing the impact of the Sexual Misconduct (“Impact Statement”). The Complainant’s statement is due no later than five business days prior to the Disciplinary Committee’s meeting. Likewise, the Respondent may submit a statement (not to exceed two pages) explaining why he or she should be entitled to leniency (“Mitigation Statement”). The Respondent’s statement is also due no later than five business days prior to the Disciplinary Committee’s meeting.

In determining the applicable discipline, the Disciplinary Committee will not engage in further investigation related to the matters previously determined in the Title IX investigation or conduct a re-hearing of matters decided in the Factual Findings Appeal. However, the Disciplinary Committee will consider the Honor Code Office counselor’s pre-sanctioning report in cases involving student Respondents.

The Disciplinary Committee and the applicable disciplinary policy will be determined as follows:

The Disciplinary Committee for allegations of Sexual Misconduct against a faculty member are (1) the faculty member’s direct supervisor, (2) a member of the Academic Vice President’s Council, and (3) the Title IX Coordinator. Possible sanctions include verbal counseling, written warning, final written warning, probation, reassignment, demotion, reduction in pay, suspension, restriction on officially representing the university, non-renewal of contract or termination of faculty employment, and a ban from campus. If the Disciplinary Committee concludes there may be adequate cause for involuntary termination of the faculty member’s employment, the academic vice president will be consulted and must give final approval in order for the faculty member to be terminated.

The Disciplinary Committee for allegations of Sexual Misconduct against an administrative or staff employee is (1) the director over the employee’s area, (2) the managing director of employee relations or a designee, and (3) the Title IX Coordinator. Possible sanctions include verbal counseling, written warning, probation, reassignment, transfer, demotion, reduction in pay, suspension, restriction on officially representing the university, termination of employment, and a ban from campus. If the Disciplinary Committee concludes there may be adequate cause for involuntary termination of the non-faculty, non-student employee’s employment, the employee’s line vice president will be consulted and must give final approval for termination.

The Disciplinary Committee for allegations of Sexual Misconduct against a non-employee student is (1) a representative from Counseling and Psychological Services; (2) the Honor Code Office counselor who prepared the pre-sanctioning report; and (3) the Title IX Coordinator. Possible sanctions include counsel and education, referral (to a responsible person or agency—e.g., reconciliation process), warning, probation, suspension withheld, short suspension, suspension, restriction on officially representing the university, dismissal, and a ban from campus.

The Disciplinary Committee for allegations of Sexual Misconduct against a student employee is (1) the director over the employee’s area, (2) the manager of student employment or a designee, (3) a representative from Counseling and Psychological Services, (4) the Honor Code Office counselor who prepared the pre-sanctioning report; and (5) the Title IX Coordinator. Possible sanctions include written warning, probation, job reassignment, job transfer, demotion, reduction in pay, job suspension, termination of employment, counsel and education, referral (to a responsible person or agency—e.g., reconciliation process), suspension withheld, short suspension, suspension, restriction on officially representing the university, dismissal, and a ban from campus. The student employee’s manager and the manager of student employment will administer any discipline affecting the student’s employment status consistent with the Administrative and Staff Employee Discipline Policy and Procedures.

The Disciplinary Committee for allegations of Sexual Misconduct against a visitor who was not invited by a university unit is the University Banning Committee. Possible sanctions include banning the visitor from all or a part of the university campus. For a visitor who was invited to campus by a university unit, and who is neither a student nor an employee of the university, the Disciplinary Committee is (1) the vice president over the university unit that originally invited the visitor to campus, or the vice president’s designee; (2) the University Banning Committee; and (3) the Title IX Coordinator.

The Title IX Coordinator may add ad-hoc members to the Disciplinary Committee as needed.

In addition to the sanction determination, the Disciplinary Committee may recommend reasonable steps designed to correct any discriminatory effects on the Complainant and on others who may have been affected, and to prevent the recurrence of any discriminatory or otherwise inappropriate actions. Possible protective measures that may be imposed following the investigation include the following: making interim measures permanent, offering remedies and accommodations to the Complainant, implementing changes in programs or activities, or providing training for the campus community or specific groups or individuals. The Disciplinary Committee’s decision (“Disciplinary Committee Decision”) will be issued within thirty calendar days of the Disciplinary Committee’s meeting.

In all cases, the Title IX Coordinator will promptly send a copy of the Disciplinary Committee Decision to both the Complainant and the Respondent simultaneously. The Complainant may also request a copy of the Mitigation Statement. Likewise, the Respondent may request a copy of the Impact Statement.

15. Appeal of Resolution and Disciplinary Sanctions

A Respondent who is unsatisfied with the Disciplinary Committee Decision may appeal the decision (“Sanctions Appeal”). If there is a conflict between this policy and another university appeal policy, this policy governs. A Complainant may not file an appeal of the Disciplinary Committee Decision. The Respondent must request a Sanctions Appeal within ten business days of delivery of the Disciplinary Committee Decision by submitting a request to the Title IX Coordinator. The Respondent may ask that sanctions be delayed until the appeal is decided, but the presumptive stance of the university is that sanctions will go into effect immediately.

A Sanctions Appeal is not a re-hearing of the case, and the decision on the Sanctions Appeal is limited to the contents of the file. No new evidence will be accepted.

A Sanctions Appeal may not exceed five pages in length and must be sent to the Title IX Coordinator, who will send a copy to the Complainant for informational purposes only. The Respondent must show at least one of the following:

The discipline imposed is substantially disproportionate to the severity of the violation.

In all appeals, the individual reviewing the Disciplinary Committee Decision (“Sanctions Reviewer”) will presume that the resolution and disciplinary sanction(s) were reasonable and appropriate and will review the Sanctions Appeal in accordance with this policy.

The Sanctions Reviewer will be determined as follows:

When the resolution includes disciplinary sanctions against a faculty member, the Sanctions Reviewer will be the academic vice president if the sanction is not for involuntary termination, or, in the case of involuntary termination of employment, the university president.

When the resolution includes disciplinary sanctions against an administrative or staff employee, the Sanctions Reviewer will be the Human Resources Committee (HRC). HRC members who were involved in the Disciplinary Committee Decision will be recused from the HRC.

When the resolution includes disciplinary sanctions against any student, including a student employee, the Sanctions Reviewer will be the dean of students.

When the resolution includes a campus ban decision against a visitor, the Sanctions Reviewer will be determined by the Ban Review Committee as established under the Review provisions of the Banning Procedures.

Within thirty calendar days of receiving the Respondent’s submission, the Sanctions Reviewer will provide the Title IX Coordinator with a written determination as to whether the Respondent has shown that one or both of the grounds for the Sanctions Appeal identified above is present. If the Sanctions Reviewer determines that the Respondent has made this showing, the Sanctions Reviewer may reverse or amend the discipline imposed by the Disciplinary Committee. The Title IX Coordinator will promptly notify both parties at their email and residential addresses on file with the university. This decision is final, and further review of the resolution or disciplinary sanction(s) will not be allowed.

In cases where the appeal results in reinstatement to the university or resumption of privileges, all reasonable attempts will be made to restore the Respondent to his or her prior status, recognizing that some opportunity lost may be irreparable in the short term.

16. Voluntary Withdrawal or Resignation

If a student voluntarily withdraws or an employee resigns from the university prior to the investigation being completed or sanctions and resolutions being determined, the university may nevertheless determine at its discretion to proceed with an investigation of the allegations to establish appropriate conditions for permitting the student to return to the university or for rehiring the employee, and to make appropriate notations on the student’s official university records or the employee’s employment records regarding his or her status at the university. The university may also place a hold on a student’s registration, re-admission, and graduation or on any re-hiring of an employee pending an investigation and resolution of the allegations.

The university will seek to make all employees and students familiar with the contents of this policy. All administrators, deans, chairs, directors, managers, and supervisors are responsible to ensure that employees within their areas of stewardship are properly trained on their obligations under this policy and applicable laws.

The Title IX Coordinator will develop and oversee training and education programs to promote the awareness of domestic violence, dating violence, sexual assault, stalking, sexual harassment, and sexual violence, including rape. Deputy Title IX coordinators may assist in fulfilling that responsibility. All training sessions and participants should be documented, and those records should be provided to the Title IX Coordinator. The training and education should consist of at least the following:

Primary prevention and awareness programs for all incoming students and new employees, and ongoing prevention and awareness campaigns for continuing students and employees.

Annual training for the Title IX Coordinator, deputy Title IX coordinators, Investigators, members of the Disciplinary Committees, and Sanctions Reviewers on issues related to domestic violence, dating violence, sexual assault, and stalking, and how to conduct an investigation and hearing process that protects the safety of the parties and promotes accountability.

BYU’s Title IX Office is committed to sponsoring and conducting events and campaigns that effectively promote the awareness and prevention of rape, acquaintance rape, domestic violence, dating violence, sexual assault, stalking, and sexual harassment. Additionally, the university aims to make the campus community aware of risk reduction methods and positive options for bystander intervention where any of these behaviors occur.

The Title IX Office events, campaigns, and trainings at BYU should include in-person trainings, such as trainings during New Student Orientation, and passive poster and banner campaigns, such as during Domestic Violence Awareness Month and at prevention and awareness events that call for active participation by students and the members of the campus community. The events, campaigns, and trainings should be tasteful, sensitive, and consistent with the university’s values and in keeping with legal guidance to be “culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome” (34 C.F.R. § 668.46(a)(i)(A)(2018)).